Dear visitor to our site and/or customer. Below you will find information that relates to privacy policies for the use of our site and web-based tools. This section might be updated on a regular basis, therefore we encourage you to visit it periodically. For our customers, we will notify you through the email we have on file with any updates to these policies.
Although none of Edumetrisis, LLC products by themselves constitute a medical or psychological diagnosis, we have opted to implement privacy policies consitent with FERPA/HIPPA and other general Privacy Policies.
In accordance with the Standards for Educational and Psychological Testing our assessment materials and tools are sold only to qualified individuals who are trained to administer, score, and interpret educational and/or psychological tests. Qualification levels (A, B, C) are specified for all products in their specific product description in our website.
Edumetrisis, LLC HIPAA Privacy Policys
Last Updated: September 30, 2016
Edumetrisis, LLC is committed to protecting your privacy and the privacy of your clients/patients. We developed this HIPAA Privacy Policy to share with you our information collection practices and your options when visiting . www.EDUMETRISIS.com hereinafter referred to as “EDUMETRISIS, LLC.” This Privacy Policy is an online Privacy Policy and applies only to information collected from you and related to your clients/patients through EDUMETRISIS, LLC. This Privacy Policy does not apply to information that you furnish to us offline or in any other manner except through this Web site.
EDUMETRISIS, LLC provides an online testing platform for selected EDUMETRISIS, LLC assessment tools, giving educators, clinicians and practitioners the capability to remotely gather data from raters, such as teachers, parents and the clients/patients themselves. It additionally allows qualified users to present assessments online while a client/patient is in the practitioner’s office or school, and it may allow and run reports based on responses to the assessment tools. These additional stipulations and representations reflect your standing as a Covered Entity with access to confidential electronic Protected Health Information (“ePHI” or data) related to your clients/patients’ ePHI that is stored on EDUMETRISIS, LLC secure servers..
By providing the EDUMETRISIS, LLC platforms, EDUMETRISIS, LLC is your Business Associate. EDUMETRISIS, LLC (“Customers”) capture and enter client/patient ePHI within EDUMETRISIS, LLC platforms and may administer, score and generate reports of selected instruments. Customer client/patient ePHI are transmitted with an encryption and EDUMETRISIS, LLC employees or subcontractors responsible for the security and maintenance of the data bases comply fully with HIPAA’s requirements. For purposes of this Policy and EDUMETRISIS, LLC’s use and disclosure procedures, employees include employees, consultants, trainees, agents, and other persons whose work performance is under the direct control of EDUMETRISIS, LLC, whether or not they are paid by EDUMETRISIS, LLC. The term “employee” includes all of these types of workers.
No third-Edumetrisis, LLC rights, including, but not limited to, the rights of Customer clients/patients or beneficiaries, are intended to be created by this Policy. EDUMETRISIS, LLC reserves the right to amend or change this Policy at any time (and even retroactively) without notice. To the extent that this Policy establishes requirements and obligations above and beyond those required by HIPAA, the Policy shall be aspiring and shall not be binding. This Policy does not address requirements under other federal laws or under state laws.
Privacy Officer and Contact Person
Achilles N. Bardos, Ph.D. CEO of Edumetrisis, LLC is the Privacy and Security Officer. The Privacy and Security Officer of EDUMETRISIS, LLC is responsible for the development and implementation of policies and procedures relating to privacy for EDUMETRISIS, LLC, including, but not limited to, this Privacy Policy and EDUMETRISIS, LLC’s use and disclosure procedures related to any EDUMETRISIS, LLC employees may come in contact with. The Privacy and Security Officer also serves as the contact person for Customers or Customer clients/patients who have questions, concerns, or complaints about the privacy of their ePHI. You may contact this individual at help@edumetrisis.com.
Employee Training
It is EDUMETRISIS, LLC’s policy to train all employees who might have access to ePHI on its privacy policies and procedures. The Privacy and Security Officer is charged with developing training plans and programs so that all employees receive the training necessary and appropriate to permit them to carry out their functions.
Technical and Physical Safeguards and Firewall
EDUMETRISIS, LLC will establish appropriate technical and physical safeguards to prevent Customer client/patient ePHI from intentionally or unintentionally being used or disclosed in violation of HIPAAs requirements. Technical safeguards include limiting access to information by creating computer firewalls and by requiring users to have unique, secure user IDs and passwords. Technical standards also include encrypting all transmitted customer ePHI while physical safeguards include locking doors and/or filing cabinets, establishing secure methods of access to EDUMETRISIS, LLC facilities, and undertaking other measures to secure computer workstations, laptops, mobile devices, and other devices/methods used to access EDUMETRISIS, LLC by EDUMETRISIS, LLC employees.
Firewalls also help ensure that only authorized Edumetrisis, LLC will have access to Customer ePHI and that Customers will have access to only the minimum amount of client/patient ePHI necessary for assessment administration and/or scoring/interpretation and related administrative functions.
Privacy Notice
The Privacy and Security Officer is responsible for developing and maintaining a notice of EDUMETRISIS, LLC privacy practices that describes:
This document constitutes such Privacy Notice with respect to EDUMETRISIS, LLC.
Complaints
Achilles N. Bardos, Ph.D. is EDUMETRISIS, LLC contact person for receiving complaints. The Privacy and Security Officer is responsible for creating a process for individuals to lodge complaints about EDUMETRISIS, LLC privacy procedures and for creating a system for handling such complaints.
Sanctions for Violations of Privacy Policy
Sanctions for obtaining, using, or disclosing Customer client/patient ePHI in violation of this HIPAA Privacy Policy will be imposed in accordance with EDUMETRISIS, LLC’s disciplinary action policy, up to and including termination of an employee or termination of contract with subcontractors.
Mitigation of Inadvertent Disclosures of Protected Health Information
EDUMETRISIS, LLC shall mitigate, to the extent possible, any harmful effects that become known to it because of a use or disclosure of Customer client/patient ePHI in violation of the policies and procedures set forth in this Policy. As a result, if an employee becomes aware of a disclosure of protected health information, either by an employee or an outside consultant/contractor, that is not in compliance with this Policy, the employee shall immediately contact the Privacy and Security Officer so that the appropriate steps to mitigate the harm to the individual can be taken.
Documentation
EDUMETRISIS, HIPAA privacy policies and procedures shall be documented and maintained for at least six years. Policies and procedures must be changed as necessary or appropriate to comply with changes in the law, standards, requirements, and implementation specifications (including changes and modifications in regulations). Any changes to policies or procedures must be promptly documented.
If a change in law affects the privacy notice, the privacy policy must promptly be revised and made available. Such change is effective only with respect to information created or received after the effective date of the notice. The date at the top of this document shall indicate the most recent date of this Policy revision.
EDUMETRISIS, LLC will document certain events and actions (including authorizations, requests for information, sanctions, and complaints) relating to a EDUMETRISIS,LLC Customer client/patient’s privacy rights.
The documentation of any policies and procedures, actions, activities, and designations may be maintained in either written or electronic form. EDUMETRISIS, LLC will maintain such documentation for at least six years.
Policies on Use and Disclosure of Client ePHI.
EDUMETRISIS, LLC, will use and disclose EDUMETRISIS, LLC client/patient only as permitted under HIPAA. Such permitted uses and disclosures may occur under the following circumstances.
Mandatory Disclosures of ePHI: To Individual and DHHS
A Customer client/patient’s record must be disclosed as required by HIPAA in two situations:
Permissive Disclosures of ePHI: For Legal and Public Policy Purposes
Customer client/patient ePHI may be disclosed in the following situations without a Edumetrisis, LLC authorization, when very specific requirements are satisfied. EDUMETRISIS, LLC’s and HIPAA’s use and disclosure procedures describe specific requirements that must be met before these types of disclosures may be made. The requirements include prior approval of EDUMETRISIS, LLC’s Privacy and Security Officer. Permitted are disclosures:
Disclosures of personal ePHI Pursuant to an Authorization
Customer client/patient ePHI may be disclosed for any purpose if an authorization that satisfies all of HIPAA’s requirements for a valid authorization is provided by the client/patient. All uses and disclosures made pursuant to a signed authorization must be consistent with the terms and conditions of the authorization.
Policies on Individual Rights
Access to Protected Health Information and Requests for Amendment
HIPAA gives individuals the right to access and obtain copies of their electronic personal health information that EDUMETRISIS, LLC may contain. HIPAA also provides that Edumetrisis, LLC participants may request to have their ePHI amended. EDUMETRISIS, LLC will provide access to ePHI and it will consider requests for amendment that are submitted in writing by Edumetrisis, LLC participants. Such requests must contain appropriate identify verification documents. All such requests for electronic personal health ePHI must be submitted to the Privacy and Security Officer. As a professional courtesy, EDUMETRISIS, LLC may additionally contact the EDUMETRISIS, LLC Customer whose account maintains such client/patient electronic PHI and inform him or her of the request for PHI.
Last Updated: September 30th, 2016
EDUMETRISIS, LLC, is committed to protecting your privacy. We developed this Privacy Policy to share with you our information collection practices and the options you have when visiting www.Edumetrisis.com (hereinafter referred to as “the Web site” or “the Site”). This Privacy Policy is an online Privacy Policy and applies only to information collected from you through this Web site. This Privacy Policy does not apply to information that you furnish to us offline or in any other manner except through this Web site.
By using this Site, you are agreeing to accept the practices described in this Privacy Policy.
EDUMETRISIS, LLC occasionally may update this Privacy Policy. When we do, we will revise the “updated” date at the top of the Privacy Policy. In the event that we make material changes to this Privacy Policy, we will notify you by placing a prominent notice on the home page of our Web site. We encourage you to review this Privacy Policy periodically to stay fully informed about how we are protecting your personal information. Be advised that your continued use of this Web site constitutes your agreement to this Privacy Policy and any updates.
As referenced throughout this Privacy Policy, the term “Personally Identifiable Information” means any piece of information that potentially can be used to uniquely identify, contact, or locate a single person and that EDUMETRISIS, LLC collects from you. Personally Identifiable Information may include, without limitation, information such as: first name, last name, address, e-mail address, phone number. EDUMETRISIS, LLC employs commercially reasonable efforts to protect Personally Identifiable Information from loss, misuse, and other unauthorized access, disclosure, alteration or destruction.
EDUMETRISIS, LLC is the sole owner of the information collected; except as otherwise provided in this Privacy Policy, we will not sell, share, rent, or loan this information to any third Edumetrisis, LLC party. However, we may use and share aggregated information that does not personally identify you with third Edumetrisis, LLC parties in order to improve the Site for our Web site users. You can always be assured the information we collect is used to provide a more personalized experience for our Web site users.
None of the required information and/or optional information collected on any form on this Web site is used for other purposes than those stated on such form or in this Privacy Policy; however, as discussed below in more detail, EDUMETRISIS, LLC may share information provided through the Web site with third Edumetrisis, LLC parties under contract with EDUMETRISIS, LLC to assist in providing certain services or other features offered to our Web site users. In the event that EDUMETRISIS, LLC utilizes a third Edumetrisis, LLC party to provide such services, our contract with the third Edumetrisis, LLC party will include obligations on the third Edumetrisis, LLC party to keep all information obtained during such contract confidential and secure.
EDUMETRISIS, LLC respects your privacy. The information you provide will never be rented or sold. EDUMETRISIS, LLC will use the contact information you provide for internal purposes, such as confirming and tracking your order; subscription or registration; analyzing preferences, trends, and statistics; and informing you of our new products, services, and offers. We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to (a) manage our database of customer information, (b) assist us in distributing e-mails, (c) assist us with direct marketing and data collection, (d) provide storage and analysis, (d) provide fraud prevention, and (e) perform other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform duties specified in our agreements with them.
If you prefer not to have your information shared with these organizations, please contact us by telephone at 1-970-301-5166; by e-mail at help@edumetrisis.com or by written notice to EDUMETRISIS, LLC, P.O. Box 336404, Greeley, CO 80633
If you would like to opt out of EDUMETRISIS, LLC direct mail advertising, please send your complete name and address indicating your desire to opt out to EDUMETRISIS, LLC or unsubscribe electronically through the email service/notification you will receive.
EDUMETRISIS, LLC does not target children under the age of 13 years and does not offer or knowingly sell any of its products or services to children of any age. EDUMETRISIS, LLC does not knowingly collect any personal information about children under the age of 13 years. Any information related to the use of the site by school age children, including the creation of a username and password or any of Edumetrisis platforms (i.e BIMAS-2) is furnished to Edumetrisis by its clients under contract only.
The following are categories of pages on the Web site where we collect Personally Identifiable Information about you.
Although you may browse the public pages of our Web site without registering or providing any Personally Identifiable Information, certain sections of our Site do include forms on which you may choose to supply personalized information that will enable you to make purchases online or receive individualized services or features that we cannot offer anonymous users, and certain other pages of our Web site can be accessed only by registered users. You can always choose not to provide information; however, if you do choose not to provide such information, you may not be able to make purchases via the Site or take advantage of certain other Web site features (i.e. request free trials of products).
Except as necessary to facilitate or fulfill any aspect of any services, products, or features that you purchase or request or register for via the Web site, or as otherwise set forth in this Privacy Policy, we will not intentionally sell, rent, lease, share, or exchange your Personally Identifiable Information with any third Edumetrisis, LLC party.
In order to access pages requiring registration, you will be required to create a User Account by completing the registration form and creating a User ID and password (collectively referred to as “Credentials”). If you create a User Account, EDUMETRISIS, LLC collects certain Personally Identifiable Information when you register, including your user name, password, first name, last name, and e-mail address.
Our Web site may offer features that allow you to request and receive catalogs or electronic alerts or notices about updates to our Web site, promotional announcements, new products, and other information. When you sign up to receive catalogs or electronic alerts or notices, we will collect certain Personally Identifiable Information, which may include, without limitation, your name, e-mail address, and other basic contact information.
Various pages on our Web site may include forms that permit you to subscribe to newsletters or other subscriptions. When you register to receive newsletters or other subscriptions, we will collect certain Personally Identifiable Information, which may, include without, limitation your name, address, phone number, e-mail address, and other basic contact information.
If available, when you order products through our Web site, we will collect Personally Identifiable Information, which may include, without limitation, the name, address, phone number, e-mail address, and shipping and other contact information for the recipient of the item (if different than yours), your name and account number (if applicable) as well as payment information, such as credit card number, billing address, expiration date, and other billing information.
In addition to the above information, certain forms on various pages throughout our Site may ask users to voluntarily provide a limited amount of demographic information. In addition, EDUMETRISIS, LLC or its affiliates may conduct online surveys that ask you for demographic data, such as your zip code, age, or product use. EDUMETRISIS, LLC or EDUMETRISIS, LLC’s agents may also contact you by e-mail, using the e-mail address collected when you filled out one of the forms on our Web site, with the option to Edumetrisis, LLC participate in consumer research studies.
Providing such demographic information and Edumetrisis, LLC participating in such surveys or other consumer research are always voluntary. EDUMETRISIS, LLC aggregates the responses we receive before using the information to improve the products and services we offer. We do not link your individual responses to your personal information at any time. EDUMETRISIS, LLC uses this information only for internal marketing research to help us better serve our users and customers.
If you have opted to receive marketing, promotional, or other informational communications from or on behalf of EDUMETRISIS, LLC, we may use your e-mail address from time to time to contact you to announce new features, products, or services that may be available on our Web site or to send news and information regarding EDUMETRISIS, LLC or its products or services. You can opt out of receiving these promotional communications at any time by following the instructions in the e-mail.
We may also use your e-mail address to contact you to verify and/or update any information related to services, features, or transactions that you have requested via our Web site, as well as to notify you of new product releases and/or software updates. Although you may opt out of the promotional e-mails as noted above, you should be aware that, as long as you use our products and services or otherwise maintain a business relationship with us, you may not opt out of receiving communications from us relating specifically to those products and services or that business relationship.
“Contact Us” & “EDUMETRISIS, LLC Report Card” Pages
You may also provide Personally Identifiable Information to us when you voluntarily communicate with us, such as by requesting information via a contact card completed at a conference or workshop, e-mail, utilizing the “Contact Us” or “EDUMETRISIS, LLC Report Card” or similar feedback features on the Web site, or otherwise contacting us electronically. We may retain such Personally Identifiable Information for use and disclosure consistent with this Privacy Policy.
As we continue to develop our business, we might sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that EDUMETRISIS, LLC or substantially all of its assets are acquired, customer information, including Personally Identifiable Information, will of course be one of the transferred assets to the extent permissible under law.
We collect additional information about how you use and access our Web site to analyze trends, administer our Web site, track users’ navigation on the Site, and gather broad demographic information for aggregate use, which enables us to improve the Site by making it more accessible and easier to navigate. For example, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your Web browser, referrer addresses, and other generally accepted log information. IP addresses are not linked to Personally Identifiable Information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Web site is being used.
A “referrer” is the information passed along by a Web browser that references the Web URL you linked from and is automatically collected by our Web server. We may collect and use this information to understand the Web sites referring traffic to our Web site and to present appropriate content to our potential users. We may tabulate referrer information on an aggregate basis to identify trends and traffic patterns.
EDUMETRISIS, LLC may share aggregated demographic information with our Edumetrisis, LLC partners. This is not linked to any personal information that identifies any individual person. EDUMETRISIS, LLC may use your profile information to create personalized content, offers, and services, but this information will be used only by EDUMETRISIS, LLC and its affiliates.
EDUMETRISIS, LLC and its affiliates may disclose any or all of your Personally Identifiable Information if we are required to do so by law or in the good faith belief that such action is necessary to (a) conform to the law or comply with legal process served on us (for example, under a subpoena, court order, or other regulatory requirement or to maintain or protect the security of the Web site); (b) protect and/or defend our rights or property or other legal interests or of any Web site user; or (c) act in urgent circumstances to protect the safety of the public or other users of the Web site. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. If we receive legal process calling for the disclosure of any of your Personally Identifiable Information, we will attempt to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
As noted earlier, EDUMETRISIS, LLC may employ third Edumetrisis, LLC parties or other companies to perform functions on our behalf, such as processing and fulfilling online orders or requests, processing credit card payments, shipping or delivering packages, providing customer service, sending print and electronic mail, removing repetitive information from customer and e-mail lists, maintaining and analyzing information collected and/or stored via the Web site, hosting sites from this Web site, measuring the effectiveness of promotions and e-mails, performing analyses of users’ activities on www.Edumetrisis.com, serving images via our Web site, and fulfilling other functions necessary to our business.
EDUMETRISIS, LLC also may use third Edumetrisis, LLC party vendors or other companies to assist in providing certain services, products, and communications to you, such as delivering newsletters, magazines, alerts, and other communications to those Web site users who have opted in to receive them. In the event that we utilize third Edumetrisis, LLC party vendors or companies to provide any of the services described above or similar services, we may need to share your Personally Identifiable Information with them to enable those companies to perform their obligations. However, we will provide these companies only with the information necessary to perform their functions on our behalf, and we will not authorize them to use your Personally Identifiable Information for any other purpose. In such event, these companies are required to agree, in writing, that they will abide by the privacy statement and privacy standards implemented herein, including the relevant confidentiality and security provisions.
EDUMETRISIS, LLC uses secure connections during the transmission of log in, registration, and membership information. This means that information collected through the pages dealing with sign in, registration, and membership information is encrypted before it is sent over the Internet between your computer and EDUMETRISIS, LLC computers. The technology used is called Transport Layer Security, version 1.2 (TSL 1.2). Through the use of this technology, the information collected through those pages is encrypted on your computer, sent through the Internet as encrypted code, and decoded on either EDUMETRISIS, LLC’s secure server or the systems of the third Edumetrisis, LLC party contracted to provide the service in question. You can verify that the connection is secure because you will see a key or a padlock (or other similar security symbol) at the bottom of your browser screen. Another identifier of a secure connection is the URL (or Web site address); the address will change from http://www.Edumetrisis.com to https://www.Edumetrisis.com or a similar page when a secure connection is in place.
Although we employ data encryption technology, you should be aware that there is an inherent risk in transmitting any ePHI electronically. This risk is inherent in all Internet dealings. Consequently, we cannot guarantee that any Personally Identifiable Information transmitted will be prevented from being viewed or used by any Edumetrisis, LLC particular person and, therefore, you agree to hold us harmless from and against any injury, financial or otherwise, that results from such unauthorized viewing or use. Moreover, e-mails sent to us over the Internet are susceptible to detection, decryption, eavesdropping, and/or tampering. Thus, you agree to hold us harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping, or tampering of e-mails.
In addition, you must take steps to maintain the security of your private information by keeping your password and other personal information confidential. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log out of your account when you finish using a shared computer.
EDUMETRISIS, LLC will always permit you to decline—or “opt–out of”—certain mailings and other materials we may offer. You may opt out of further communications at any time by following the instructions in the e-mails that you receive. In addition, if you request, we will remove your name and other Personally Identifiable Information from our active databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you do not want to receive e-mail from us or to add or update certain personal information, you may contact us electronically at help@edumetrisis.com. As an alternative, you may write to us with your request at the following mailing address: EDUMETRISIS, LLC, P.O. Box 336404, Greeley, CO 80633. You will be removed from our databases generally within ten (10) business days of our receipt of your request. You may also request to review any Personally Identifiable Information that we maintain about you by sending a written request to the same address, subject to our verification of your identity.
Our Site may contain links to other sites. Please be aware that EDUMETRISIS, LLC is not responsible for the privacy policies of other sites. We encourage our Web site users to be aware when they leave our Web site and to read the privacy statements of each and every Web site that collects Personally Identifiable Information. This Privacy Policy applies solely to the information collected by our Web site.
If you choose to visit our Web site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions of Use, including limitations on damages and application of the law of the state of Colorado. Please let us know if you have any questions about our Privacy Policy by contacting with any of the means mentioned above.
QUALIFICATION LEVEL CRITERIA FOR EDUMETRISIS PRODUCTS
In accordance with the Standards for Educational and Psychological Testing our assessment materials and tools are sold only to qualified individuals who are trained to administer, score, and interpret educational and/or psychological tests. Qualification levels (A, B, C) are specified for all products in their specific product description in our website. An Edumetrisis product specific training is highly recommended for all B and C levels.
A-level products require minimum to none specific qualifications.
B-level products require that the user has completed graduate-level courses in tests and measurement at a higher education institution or has received equivalent documented training, including the ethical use of test administration and interpretation.
C-level products require that users must have formal training in assessment and the use of tests, through the completion of an advanced degree in an appropriate profession. For some tools, depending on state requirements, such as a license/certificate or membership in a relevant state or national professional organization (e.g., APA, NASP) may be necessary.
If you are a first-time purchaser and wish to purchase materials that are identified as (B) or (C) level products, you will be required to complete a Purchaser Qualification Form (PDF format) (WORD Format). Print the form, complete it, sign it, and then mail it, fax it or email it to Edumetrisis. All orders must include the name of a qualified individual who is responsible for the use of the materials ordered, and his/her signature.
EDUMETRISIS TEST DISCLOSURE POLICY
Client Access to Test Results
Edumetrisis’ position on the issue of test disclosure and the release of test results takes into consideration access rights to test information and results under the United States’ Health Insurance Portability and Accountability Act (“HIPAA”) and the Canadian Personal Information Protection and the Electronic Documents Act (“PIPEDA”). Edumetrisis applies and maintains its non-disclosure policy of its test items, response/answer sheets (which include test items), test manuals, user guides, scoring templates, scoring keys, scoring programs and other test protocols (“Test Materials”), which is consistent with new privacy legislation in both the United States and Canada.
In the US context, the HIPAA Privacy Rule provides that individuals have a qualified right of access to individually “identifiable health information” maintained in their “designated record set” by health care providers covered by HIPAA. Edumetrisis, LLC advises that Test Materials, such as test protocols, items, scoring criteria, and manuals by themselves are not “identifiable health information” and are thus not releasable. Since HIPAA does not state that the requested information should be made available in a form that is generally understandable to the client, Edumetrisis advises health care providers to retain Test Materials, such as item booklets, manuals, and scoring criteria separate from the client’s designated record set. In these circumstances, upon written request, a client may gain access to only the test results.
Even if Test Materials are considered releasable, Section 1172(e) states that health care providers are not required to disclose any information that is a trade secret or confidential commercial information. The U.S. Department of Health and Human Services (HHS) has confirmed by way of a letter dated August 6, 2003, that a client’s access request is subject to the trade secret exemption:
[A]ny requirement for disclosure of protected health information pursuant to the Privacy Rule is subject to Section 1172(e) of HIPAA, ‘Protection of Trade Secrets.’ As such, we confirm that it would not be a violation of the Privacy Rule for a covered entity to refrain from providing access to an individual’s protected health information, to the extent that doing so would result in a disclosure of trade secrets.
Edumetrisis hold its position that its Test Materials are proprietary, copyrighted, confidential commercial information, analogous to trade secrets, and treats and protects them accordingly.
Test Materials thus fall under the exception to release in order to ensure the ongoing safeguarding of such material. To provide clients with test items, scoring criteria, and other test protocols would be to reveal trade secret information on which the scores are based and would render the Test Materials useless. Studies confirm that if test items and test protocols were readily available, the integrity of the test and scoring model could be compromised and would harm the public. There are a limited number of tests for particular purposes that cannot be easily replaced or substituted if made available upon request.
The test publishing industry considers Test Materials to be confidential information and trade secrets and protects these accordingly. To secure and protect Test Materials, Edumetrisis requires the completion of a Test User Agreement and a User Qualification Process agreement which prohibits purchasers from releasing the tests to others who are not qualified to interpret the results or who do not have the same ethical obligations to maintain test security, nor has Edumetrisis permitted its licensees, distributors, or employees to disclose such material. Furthermore, it is in the best interest of the public to protect the validity and integrity of Test Materials.
Thus, health care providers may refrain from providing access to and copies of a client’s identifiable health information, in so far as to do so would reveal valuable trade secrets and propriety information. It is Edumetrisis’ recommendation that you obtain consent from your clients and that you provide clients with summary information.
Release of Test Materials in the Litigation Context and Ethical Obligations
We recognize that, given the nature of our legal system, compelling reasons for disclosure of secured testing material may arise. To abide by the terms of purchase, we expect purchasers to do all they can to protect copyright material and to protect the items and scoring criteria as confidential, copyrighted, and trade secret material in response to written requests and/or subpoenas. An exception to releasing test data by a subpoena exists when the qualified purchaser obtains a court order extinguishing, also known as “quashing” or modifying, the subpoena. In this case, we require qualified purchasers to bring to the court’s attention concerns regarding test security and to take steps to resolve the conflict in a responsible manner. When faced with a subpoena or court order for the reproduction of Test Materials, you should secure a court order or protective agreement (to the extent possible) containing the following requirements:
In the absence of a protective court order, we do not support the release of Test Materials to unqualified users who do not have an interest in maintaining the security of the test for the reasons stated above. You may wish to consult a lawyer to assist you with the above. If you have any questions or concerns about the release of protected test materials, please contact us by calling 1.970-301-5166.
TERMS AND CONDITIONS
Below is an example of a Terms and Conditions agreements for an Edumetrisis product, the BIMAS-2. This also appears during the set-up of an account with Eduemtrisis.
BIMAS-2 Terms and Conditions
Neither the BIMAS-2 site nor the BIMAS-2 Test/platform constitutes a psychological or medical/psychiatric advice
The “BIMAS-2 Site” and the contents of the BIMAS-2 Site including its behavior rating scales available and delivered through the BIMAS-2 platform, the results generated by the BIMAS-2 rating forms, information which appears on the Edumetrisis, LLC site in regards to BIMAS-2 such as articles of scholarly publications, and other material contained in the site are provided to you for informational purposes only. You should seek the appropriate professional advice, diagnosis, and/or treatment for any and all psychoeducational and/or medical/psychiatric conditions you think you may have, whether as a result of completing the BIMAS-2 Test or otherwise, and call 911 or seek the attention of a professional if you experience thoughts and feelings of hurting yourself or others.
Disclaimer of warranties; limited liability of BIMAS-2
Because use of the BIMAS-2 platform requires the transmission of some of your personal data as a process of becoming a member and through responses to the BIMAS-2 Test via media connections beyond the control and supervision of BIMAS-2, BIMAS-2 cannot and will not assume any liability for or relating to the delay, failure, interruption, corruption or loss of any data transmitted in connection with use of the BIMAS-2 platform and/or the BIMAS-2 Test.
The BIMAS-2 platform, the BIMAS-2 Test and the results received as a result of the use of both are provided to you on an “as is basis,” “where is”.
BIMAS-2 makes no warranty as to the BIMAS-2 platform, the BIMAS-2 test, the operation of the BIMAS-2 platform, or to any services provided by BIMAS-2 through the BIMAS-2 platform, whether expressed or implied, including but not limited to, implied warranties of merchantability, infringement, satisfactory quality, accuracy and fitness for a particular purpose and all warranties arising from course of dealing or usage of trade. In no event whatsoever will bimas-2 or any of its subcontractors or licensors be liable to licensee or any third party (whether based in contract, tort, strict liability or other theory) for any indirect, incidental, special or consequential damages arising out of the use of or inability to use the bimas-2 platfrom, the BIMAS test or any portion thereof, including but not limited to, the loss of use of the BIMAS-2 platform, the BIMAS-2 test, inaccurate results, loss of profits or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, including, without limitation, claims related to diagnostic accuracy and/or medical malpractice or personal injury), even if BIMAS-2 has been advised of the possibility of such damages.
edumetrisis and its officers, directors, shareholders and affiliates hereby expressly disclaim any representation or warranty related to the accuracy, reliability, completeness, currentness, or timeliness of the BIMAS-2 platform, the BIMAS-2 test, articles provided to you through the edumetrisis or BIMAS-2 platform, links that may appear on the BIMAS-2 site and other materials that may be made available to you from time-to-time on the Edumetrisis site and BIMAS-2 platform.
Children’s privacy
Edumetrisis believes that protecting the privacy of children is important. Although the content on the BIMAS-2 platform and the Test may be used by a parent or guardian and some children who are completing the BIMAS-2 self rating form, the BIMAS-2 platform should not be used in any other means other the ones published and intended by the BIMAS-2 Test.
Use of the BIMAS-2 Platform and the BIMAS-2 Test
Use of the BIMAS-2 Platform and the BIMAS-2 Test are governed by these Terms and Conditions.
The BIMAS-2 platform, the BIMAS-2 Test and many or all of the other materials provided to you on the Edumetrisis site and BIMAS-2 platform are protected by the laws of the United States and foreign countries regarding copyrights, trademarks and/or service marks. All rights, title and interest in and to the BIMAS-2 platform and the BIMAS-2 Test shall remain solely with Edumetrisis or its affiliates. Any use of the BIMAS-2 platform, the BIMAS-2 Test and/or the materials made available to you on the Edumetrisis site and BIMAS-2 platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Edumetrisis reserves the right to alter, change or modify without notice the BIMAS-2 platform and/or the BIMAS-2 Test.
In the event you should violate any of these Terms and Conditions, your license to use the BIMAS-2 platform and the BIMAS-2 Test shall automatically and immediately terminate and you will be required to immediately destroy any copies you have made of any portion of the BIMAS-2 Test or its other materials.
Submission of personal information
Enrolling to be a member/user of the BIMAS-2 platform and/or taking the BIMAS-2 Test will require you to submit personal information to BIMAS-2. Your submission of such personal information, and BIMAS-2’s use of such personal information, is governed by the terms of BIMAS-2’s Privacy Policy. In the event of an inconsistency between this Agreement and the BIMAS-2 Privacy Policy, these Terms and Conditions of shall control.
Issuance and use of your BIMAS-2 password
Upon becoming a member of the BIMAS-2 platform you will be issued a unique password which will enable you to access certain portions of the BIMAS-2 platform and the BIMAS-2 Test. Your password will also allow you to provide and store certain information on the BIMAS-2 platform and its database. Once you have been issued a password for the BIMAS-2 Site you shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to your BIMAS-2 password. You shall be solely responsible for the safekeeping of your password, authorizing use of your password, contacting Edumetrisis immediately upon learning of a misappropriation of your password and/or your request to deactivate your password. You grant BIMAS-2 and all other persons or entities involved in the operation of the BIMAS-2 platform the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the BIMAS-2 platform.
BIMAS-2 membership services
In the event you choose to subscribe to the BIMAS-2 platform and/or pay for and/or take the BIMAS-2 Test (collectively, the “Subscription Services”), you will be required to submit personal information to Edumetrisis, LLC and the BIMAS-2 platform. BIMAS-2 does not intend, not has BIMAS-2 intentionally designed the Subscription Services to attract children of any age. Responsibility for the proper use of the BIMAS-2 platform by children up to age of 18yrs old completing the Self-rating form of the BIMAS-2 rests with the educational system or agency that subscribes to the BIMAS-2 Services.
In the event you should chose to purchase the BIMAS-2 Test you will be required to provide a valid credit card number at the time you purchase the BIMAS-2 Test. You agree to pay any and all charges resulting from you purchase of the BIMAS-2 Test and by providing information regarding your credit card, you represent and warrant that you are the authorized user of the credit card. Any charges that you agree to pay are exclusive of any and all applicable sales and other taxes that may be imposed by any state or locality. You agree that BIMAS-2 may submit information regarding your credit card and related personally identifiable information to BIMAS-2’s service provider(s) solely for their use in charging you for the purchase of the BIMAS-2 Test. BIMAS-2 reserves the right to modify the pricing of the BIMAS-2 Test from time-to-time with or without notice. Payments will also be accepted through an invoicing mechanism, with all terms described above for the purchase with a credit card been applicable.
Links to other sites and advertisements
Edumetrisis may provide links to third-party web sites on its site and the BIMAS-2 platform. Edumetrisis, LLC shall not be responsible for the content provided through third-party sites linked from time-to-time to the BIMAS-2 Site and does not make any representations regarding their content, accuracy or non-infringement. You agree that your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Indemnity
You agree to defend, indemnify, and hold harmless Edumetrisis, LLC its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney’s and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
Exclusive jurisdiction for any dispute between you and Edumetrisis, LLC or in any way relating to your use of the BIMAS-2 platform and/or the BIMAS-2 Test, shall be solely and exclusively in the state and federal courts of Weld County, Colorado. You agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Weld County, of the State of Colorado in connection with any such dispute.
These Terms and Conditions and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted in accordance with the laws of the State of Colorado, without reference to the conflicts of laws principles of that or any other jurisdiction. The invalidity of any provision of these Terms and Conditions by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
All notices required to be sent hereunder will be in writing and will be deemed to have been given when mailed by first class mail, postage prepaid, certified or registered, return receipt requested, or by nationally recognized overnight courier, to the parties at the addresses first set forth below, or at such other address as the applicable party may designate in writing.
The waiver by either party of any default or breach of these Terms and Conditions will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of either party will be deemed a waiver unless expressly made in writing.
This Terms and Conditions constitute the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the use of the BIMAS-2 platform and the BIMAS-2 Test. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party, and no other act, document, usage or custom will be deemed to amend or modify this Agreement.
Questions or comments regarding the BIMAS-2 platform or the BIMAS-2 Test, praises or any occurrences of malfunctioning of the BIMAS-2 Site and/or the BIMAS-2 Test, should be submitted to Edumetrisis, LLC P.O. Box 336404 Greeley, Colorado 80633.
